Providing Divorce Mediation Services Throughout California
Providing Divorce Mediation Services Throughout California
Reach out to find the best solution for your divorce with trusted professionals.
The holidays are supposed to be about family, travel, gifts, and making memories. But couples considering divorce have to worry about whether late November or December is a good time to file for divorce. Or “should we just wait for January?”
The answer isn’t 100% straightforward, as you have to consider financial issues, taxes, emotional stress, and parenting plans when making the final decision. Fortunately, this guide will help you reach a solution more easily and find the most suitable path.
Have questions on divorce before holidays? Discuss it with California divorce mediators by booking a free consultation. We would be more than happy to assist you on this or any other topic.
Even though the holidays are approaching, this doesn’t have to be a time that prevents you from proceeding with the divorce filing. It may actually be beneficial to start sooner if you experience the following:
Filing may help you organize your income, monthly expenses, assets, debts, bonuses, and tax documents. However, this does not determine your tax filing status or simplify your year-end taxes.
Filing may help you plan for your emotional needs as well as planning for therapy, childcare, and other forms of physical and practical support.
Delaying due to the holiday season’s calendar may simply perpetuate conflict and uncertainty.
Domestic violence or abuse is always about safety. In California, there are ways to request restraining orders based on domestic violence, which may grant temporary protection quickly.
Ultimately, your specific circumstances, financial situation, children, and safety should dictate whether you file now or wait until after the holidays.
Establish your date of separation before you file, starting from the time one spouse decided to end the marriage and took consistent steps to do so.
This may affect how you divide marital property and debts, as well as who will provide support to the other spouse after the divorce.
Also, both spouses must have lived in the county where they are divorcing for at least 3 months if either party wants to request spousal support.
There isn’t one “best” time for everyone when it comes to filing for divorce. When choosing what’s right for you, consider your financial situation, children (if any), emotional preparedness, safety (if applicable), and day-to-day practicality.
While many attorneys will tell you that the beginning of the year (January) is typically an extremely busy time in terms of both inquiries for potential divorces and actual divorce filings, statewide divorce filings in California do not support this claim.
Waiting until after the holidays may have financial, emotional, and practical advantages but also some noteworthy disadvantages.
Waiting can give you more time to gather income records, bonuses, expenses, debts, and other financial information.
You will have extra time to assess your taxes and obtain the necessary documentation before making significant financial decisions.
January seems like a logical time for people to make big decisions and changes; however, there is no one-size-fits-all approach to when the “right” time to get divorced is.
Postponing your divorce allows your children to continue with the same holiday rituals, celebrations, and parenting arrangements they have always had.
January may be a busy time for the courts regarding divorce filings. This could impact scheduling.
Maintaining a happy appearance during family celebrations may increase emotional pressures on certain individuals.
Delays only prolong uncertainty about household expenses, finances, and future arrangements.
Ultimately, waiting should only be based on your family’s circumstances, not simply the calendar, especially when safety, finances, children, or emotional wellbeing are involved.
Depending on how you and your partner are doing financially, what is best for your children, whether it is safe for either of you at home, and whether you are emotionally ready, deciding whether to get divorced right before the holidays will depend on these factors.
If filing now provides you clarity, then that might be an option. On the other hand, if preserving some of your holiday traditions is important to you, waiting until after the holiday season could give both parties time to prepare.
Whatever your timing, Families First Mediation can help simplify the process. Schedule a free consultation with Dina to discuss your options.
Families First Mediation assists families in planning a cooperative and orderly transition through mediation prior to or during holidays.
The mediation process helps families reduce conflict and allows the parties to focus on issues such as financial arrangements, child custody, parenting time, and how they will share holidays.
Once an agreement has been reached on these issues, the mediator can develop a customized Parenting Plan.
This plan will provide stability for the children involved in the dispute. In addition, Families First Mediation is usually less expensive than long-term litigation, with most couples saving $15,000 or more in divorce costs, depending on the specifics of each case.
California law establishes a six (6) month waiting time prior to a divorce being finalized. Under California Family Code § 2339, the waiting time begins when the respondent is served with the summons and petition or makes an appearance, whichever happens first.
You cannot file for divorce in California in November or December and still have enough time to finalize your divorce by the end of that calendar year.
The waiting period alone takes at least six months. Any additional complexities such as disputed property, child custody, spousal support, etc., may extend this time even longer.
The choice of timing is entirely dependent on your family dynamics. What are your children’s ages? Is there emotional maturity? Are you safe? Are there pre-existing holiday traditions to consider? Parenting arrangements during the transition? The answer will determine your next move.
Divorce filing will not, in itself, determine your Federal Tax Filing Status. As a general rule, Federal tax filing status is determined by whether or not you were legally married as of December 31st.
All California courts close on judicial holidays such as Thanksgiving and Christmas.
The closure of the court could delay or cancel hearings and may also impact filing deadlines and scheduling. Review your local superior court’s calendar to see how the holiday closures could affect your timeline in your specific case.
There is no “rule” regarding which party shall pay all Holiday-related costs.
The responsibility for Holiday costs (gifts, travel, childcare, etc.) will likely be influenced by prior agreements, financial resources, support orders, and your children’s needs.
